Community Development

The Community Development Project (CDP) builds strong foundations for healthy, vibrant and economically stable communities through (1) its legal and capacity building services for nonprofits, small businesses and low income entrepreneurs; and (2) its Housing Opportunities, Preservation and Enforcement Unit, which supports the development and preservation of affordable housing. Read More

Contact Information

The Community Development Project requires prospective clients to complete the appropriate application in order to determine eligibility for legal assistance. Please click here for our applications for legal assistance.

For more information about eligibility for our legal services or the application process, please call:

213-385-2977 X 200.

Click here to read our latest e-newsletter with timely legal alerts and announcements of upcoming trainings for nonprofit organizations and small businesses.

Click here to sign up for our e-newsletter mailing list (select the "Community Development Project e-newsletter").

News
Publications
Video
Seminars & Clinics
Useful Materials

Public Counsel Helps Venice Residents Protect a 'Unique Place' Public Counsel and Venice residents filed an agreement that protects the largest federally subsidized housing development on Los Angeles' Westside for 20 years.
'We Are Public Counsel': Snapshots from the 2011 Pro Bono Awards Public Counsel celebrates the attorneys and professionals who helped us provide free legal help valued at $88 million last year and change thousands of lives. "Our honorees are talented attorneys and professionals and they are making our city and nation a better place to live," said President and CEO Hernan Vera.
South LA Residents' Voices are Heard Loud and Clear in Negotiations over Major Development Project Along the Expo Line Public Counsel Staff Attorney Serena Lin negotiated a multi-million dollar community benefits agreement on behalf of community groups in South LA -- providing health care for the underserved, affordable housing, living wage jobs and small business development.
Public Counsel's Rapid Response Supports Low-Cost Lending to People Hurt by Economic Crisis Nonprofit community development credit unions have long offered an economic lifeline to communities that have been abandoned by commercial banks and targeted by high-priced check cashers and predatory lenders. Public Counsel went into action to help local lenders qualify for federal funding.
Affordable Housing Gets Short Shrift The Los Angeles Times article, "Cities often give short shrift to affordable housing," detailed how cities across California are skirting or ignoring laws requiring them to build affordable housing - and wasting tax dollars in the process. Read more about the pro bono firms and agencies who have worked with Public Counsel to bring this issue to the public.
60 New Affordable Homes for Seniors - In Honor of Rosa Parks Public Counsel and pro bono attorneys helped to make possible the development of the Rosa Parks Villas, 60 homes for low-income seniors and a gateway to revitalizing the Crenshaw corridor.
Entrepreneur Emerges from Homelessness Kika moved to Los Angeles with the dream of making her small business a success. Although personal challenges led her to spend time in a homeless shelter, she is now back on her feet and successfully expanding her company.
Lynwood Families Fight to Preserve Affordable Homes When the City of Lynwood approved the demolition of a mobile home park, eight families from the park approached Public Counsel with a plea to help save their homes. On behalf of these eight families and all other low-income residents of Lynwood, Public Counsel's Community Development Project (CDP) engaged in a two-year legal battle with the Lynwood Redevelopment Agency.
Federal Transit Report on Metro Service Cuts Shows Disturbing Evidence of Discrimination MTA service cuts and fare increases shows serious concerns about how they have affected riders, particularly people of color. Read our statement.
Garden Grove Residents Act to Stop Eviction Over Proposed Water Park Facing the loss of their homes, longtime Garden Grove residents are fighting the City of Garden Grove's plans to evict them while using taxpayer money for a hotel and water park project that is still seeking outside financing - and may not break ground for years.
Venice Residents Announce Major Agreement to Protect Affordable Homes and a Diverse Neighborhood Venice residents announced and agreement that extends affordable housing protections for 20 years at Holiday Venice, the largest federally-subsidized housing development on Los Angeles' Westside.
Statement: Affordable Housing Is Working for All Californians Public Counsel released a statement calling for the California Legislature to protect affordable housing for all Californians.
Landmark Environmental Justice Nonprofit and Mitigation Fund, Up to $50 Million, Approved Unanimously by Board of Harbor Commissioners Public Counsel plays lead role in establishing up to $50 Million Community Fund and a Nonprofit to Alleviate L.A. Port Pollution.
Residents Sue To Prevent City's Planned Destruction of Affordable Housing Group Alleges City Violated State Law by Failing to Provide Replacement Housing Plan or Adequate Relocation Benefits in connection with Plan To Destroy 100 Homes for Hotel and Water Park Development
Daily Journal: Litigators take up the fight for state court funds Public Counsel is part of a major new effort to protect California courts from cuts that hurt the public.
Daily Journal: Settlement assures low rents Hundreds of families living in one of West Los Angeles' last affordable housing complexes will get to hang on to their low-rent privileges after a breakthrough Public Counsel lawsuit.
Race, Poverty & the Environment: Los Angeles Coalition Wins Health Clinic and Jobs from Developer Get the back story about how Public Counsel helped community groups in South L.A. win health care and quality jobs at a luxury housing development. "We sent a message at a critical time that communities are powerful and can win," says Public Counsel's Serena Lin.
LA Times: City planners approve $250-million residential-retail complex in South L.A. The L.A. Planning Commission unanimously OKs developer Geoffrey H. Palmer's Lorenzo project after the developer agrees to community demands that he set aside space for a medical clinic there and hire local residents. Public Counsel attorney Serena Lin, who negotiated this agreement on behalf of South Los Angeles community members, is quoted in this article.
KPCC: TraPac expansion brings $16 million (so far) to port communities Wilmington and San Pedro will benefit from a new community fund - as much as $50 million set aside from Port revenues. This month the fund was finally created as a condition of a memorandum of understanding that allowed the TraPac container area to grow 3 years ago.
Arrested Redevelopment: Cities often give short shrift to affordable housing At least 120 municipalities spent a combined $700 million in housing funds from 2000 to 2008 without constructing a single new unit, a Times analysis of state data shows. Nor did most of them add to the housing stock by rehabilitating existing units. Public Counsel attorney Shashi Hanuman is quoted in the article.
Tenants Sue Over Low-Income Units Public Counsel is one of three firms representing the Holiday Venice Tenant Action Committee in a suit that claims that by recently letting the owners of the 1,000-resident complex pay off their HUD-backed loans several years early, the agency stripped the apartments of certain low-rent protections guaranteed while the loans were outstanding.
Pro Bono Not Limited to Litigation Earlier this month, 50 summer associates from nearly two dozen major law firms attended a seminar in downtown Los Angeles on the benefits of doing corporate pro bono work. The one-of-kind program is the brainchild of Skadden, Arps, Slate, Meagher & Flom in collaboration with Public Counsel and the Los Angeles County Bar Association.
The Deferred: Go West, Young Lawyer Matthew Kane had expected that by now, he'd be settled into the firm's Park Avenue offices in New York City, meeting new colleagues, learning the ropes of life as a newbie lawyer. Instead, he finds himself occupying an altogether different kind of office. He's on the West Coast in Los Angeles's Koreatown neighborhood, adjusting to a new job with Public Counsel

Resources for the Formation of A Tax-Exempt California Nonprofit Corporation Resources to assist nonprofit organizations that have chosen to incorporate in California and the pro bono attorneys who represent them
Getting There Together: Tools to Advocate for Inclusive Development Near Transit [2012] This guide is a Southern California housing advocates' guide outlining legal tools for influencing affordable housing and land use and disposition policies in a new era of transit-oriented development and smart growth. It sets forth selected strategies that can be used by advocates at the regional, local, neighborhood, and project-specific levels to meaningfully participate in shaping the landscape of our neighborhoods.
New California Law Affects Nonprofit Governance Practices [2009] Does your nonprofit corporation have non-voting ex officio directors? Does your executive committee have members that are not directors? Do your bylaws allow certain directors to have more than one vote or vote by proxy? If you answered "yes" to any of these questions, AB 1233 may require your organization to review and modify its current governance practices.
New Tax Filing Requirement for 501(c)(3) Organizations: The "e-Postcard" [2008] This alert describes the new electronic notice filing requirement for small 501(c)(3) organizations, and a new automatic revocation for organizations of any size that fail to file the required notice or tax return for three consecutive years.
New Federal Tax Law Affects Charitable Organizations: "Pension Protection Act of 2006" The "Pension Protection Act of 2006" makes several changes to the tax law that affect 501(c)(3) organizations and the deductibility of charitable contributions. These changes include a new annual information notice filing requirement for charities with less than $25,000 in revenues; automatic revocation of exemption for 501(c)(3) organizations that fail to file information returns or notices for three consecutive years; a limit on the deductibility of donated clothing and household items; and required public disclosure of a charity's unrelated business tax return.
New Law Governing Commercial Web Sites and Online Service Providers in California: "California Online Privacy Protection Act" [2004] The "California Online Privacy Protection Act" requires operators of websites that collect personal information from California consumers to include a privacy policy on their sites and outlines specific items that each privacy policy must include.
New Law Governing Nonprofits and Charitable Fundraising in California [2004] The "Nonprofit Integrity Act of 2004" amends certain legal provisions applicable to the governance of California nonprofit organizations and charitable fundraising in California.
Annotated Form of Articles of Incorporation for a California Nonprofit Public Benefit Corporation [2009] This form is designed to assist nonprofit organizations that have chosen to incorporate in California and the pro bono attorneys who represent them. Each section of the form is annotated with an explanatory endnote, including citations to applicable laws.
Annotated Form of Bylaws for a California Nonprofit Public Benefit Corporation [2010] This form is designed to assist nonprofit organizations that have chosen to incorporate in California, existing California nonprofit corporations engaged in a bylaws review, and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws.
Annotated Form of Conflict of Interest Policy [2010] This form is designed to assist nonprofit organizations seeking to adopt or amend a Conflict of Interest Policy and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws, alternatives, and recommended practices.
Annotated Form of Records Management and Retention Policy [2010] This form is designed to assist nonprofit organizations seeking to adopt or amend a Records Management and Retention Policy and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws, alternatives, and recommended practices.
Annotated Form of Whistleblower Policy [2010] This form is designed to assist nonprofit organizations seeking to adopt or amend a Whistleblower Policy and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws, alternatives, and recommended practices.
Annotated IRS Form 990 [2011] This guide is designed to assist California nonprofit public benefit corporations in collecting and disclosing information requested by the revised IRS Form 990. Selected portions of the revised core form, its schedules and instructions are annotated with explanatory notes, including citations to applicable federal laws, filing tips and recommended practices. Where appropriate, the annotations also discuss how California law governing nonprofit public benefit corporations relates to the revised form.
Bankruptcy Information for Nonprofits [2009] In this information sheet, the topic of bankruptcy is explored through a series of questions addressing many common concerns of nonprofit organizations from both the perspective of debtor and creditor. The answers offer a starting point for a nonprofit to evaluate whether the remedy of bankruptcy can help it achieve a more sustainable economic future through a reorganization, or whether the time has come to "close with honor." Also considered are the ramifications for a nonprofit when its landlord or a key supplier files for bankruptcy protection.
Board Orientation Manual [2011] This form provides a template that will help you develop an orientation manual tailored for new and existing directors of your organization. It also contains a sample appendix with a suggested list of documents that you should provide new directors to better acquaint them with your organization's corporate structure, bylaws and operating policies.
Checklist to Maintain Tax-Exempt 501(c)(3) Status [2002] This alert contains certain procedural and filing requirements that nonprofit organizations must comply with under federal and California state law. If your nonprofit organization fails to comply with some or all of these requirements, its tax-exempt status may be revoked.
Commercial Co-Ventures [2009] A commercial co-venture is a joint venture between a charitable organization and a for-profit business where the business announces to the general public that a portion of the purchase price of a product or service it sells or provides will, during a stated period, be paid to the charitable organization. This publication provides an overview of the registration, reporting and disclosure requirements associated with commercial co-venture programs, and tips on how to structure a commercial co-venture agreement.
Commercial Leases [2006] This guide contains a general introduction to the typical provisions in a lease of commercial space, and discusses issues that a business or nonprofit organization should consider when entering into a lease of space for use in its business or nonprofit activities. It covers the following information: the basics of a commercial lease, types of commercial leases, how to acquire a commercial lease, and terms of commercial leases.
Conducting Business Abroad [2003] This guide provides small business owners with an overview of how to navigate the U.S. legal and regulatory framework when conducting business abroad. It covers the following information: Importing into the United States, Exporting from the United States, Country-Specific Economic Sanctions, Antiboycott Laws, Anti-Money Laundering Laws, and The Foreign Corrupt Practices Act: Antibribery and Accounting Provisions.
El Manejo de Negocios en el Extranjero [2003] [Spanish] This guide provides small business owners with an overview of how to navigate the U.S. legal and regulatory framework when conducting business abroad. It covers the following information: Importing into the United States, Exporting from the United States, Country-Specific Economic Sanctions, Antiboycott Laws, Anti-Money Laundering Laws, and The Foreign Corrupt Practices Act: Antibribery and Accounting Provisions.
Copyrights & Fair Use for Nonprofits [2010] This guide contains a collection of frequently asked copyright and fair use questions and answers, divided into the following categories: Copyright Basics and Definitions, The Public Domain, Fair Use, Using Copyrighted Works, and Copyright Considerations on the Internet.
Copyrights & Trademarks [2003] This guide contains an overview of federal trademark and copyright laws. It covers the following information: What is a Trademark, Trademark Laws, Choosing a Trademark, Acquiring and Protecting Trademark Rights, and Copyrights.
Derechos de Autor y Marcas Comerciales [2003] [Spanish] This guide contains an overview of federal trademark and copyright laws. It covers the following information: What is a Trademark, Trademark Laws, Choosing a Trademark, Acquiring and Protecting Trademark Rights, and Copyrights.
Dissolution of a California Nonprofit Corporation [2011] This guide is designed to assist directors and executive management staff of California Nonprofit Public Benefit Corporations, as well as attorneys who are assisting such corporations on a pro bono basis, understand the process of voluntary dissolution. The guide focuses on the procedures and requirements specified in the California Nonprofit Corporation Law.
Employment Law [2009] In this information sheet, applicable California employment laws are explored through a series of questions addressing many common concerns of nonprofit organizations and small businesses. The answers offer a starting point for organizations to evaluate alternatives designed to reduce expenses, including reductions in salaries, work hours or benefits, as well as layoffs.
Fiscal Sponsorship: An Alternative to Forming a Nonprofit 501(c)(3) Corporation [2009] Fiscal sponsorship is an alternative available to individuals or groups performing charitable services and wishing to give their donors the ability to take a charitable contribution deduction, but not wanting to spend a great amount of time and resources to comply with the extensive filing requirements, tax compliance, and other legal obligations associated with incorporation and tax exemption. Fiscal sponsorship may be appropriate when the proposed charitable program is relatively small in scope, temporary in nature or when the business plan is in its beginning stages.
Fundraising Issues for Nonprofit Organizations [2008] This alert highlights certain legal considerations, including tax on unrelated business activities (UBIT), sales and use tax, substantiation of charitable contributions and solicitation for charitable purposes, involved with fundraising activities. It also covers the registration and reporting requirements for charitable poker night fundraisers, bingo, raffles, auctions and other sales of goods.
Guide to Forming A Charitable, Tax-Exempt, Nonprofit Organization [2011] This guide provides a basic overview of the process, and a discussion of some of the issues to consider in determining whether to form a nonprofit tax-exempt organization. See "Steps to Form a California Nonprofit Tax-Exempt Organization" for links to samples, forms, and instructions.
Lease Modifications [2009] In this information sheet, the topic of lease modifications is explored through a series of questions that address many of the common experiences and concerns of organizations leasing commercial real estate in these economically challenging times. The answers offer a starting point for a nonprofit or small business to evaluate whether it can achieve a more sustainable economic future through rent abatement, rent deferral, sub-letting, or other lease concessions.
Leave Policies [2003] This guide contains an overview of overlapping federal and California state statutes that apply to any employee leave of absence issue. It covers the following information: Introduction to Employee Leave, Family and Medical Leave, The Americans with Disabilities Act, California Fair Employment and Housing Act, Pregnancy Disability Leave, Military Leave and Other Statues that Affect Employee Leave.
Licencia Para Ausentarse [2003] [Spanish] This guide contains an overview of overlapping federal and California state statutes that apply to any employee leave of absence issue. It covers the following information: Introduction to Employee Leave, Family and Medical Leave, The Americans with Disabilities Act, California Fair Employment and Housing Act, Pregnancy Disability Leave, Military Leave and Other Statues that Affect Employee Leave.
Legal Issues For Small Businesses and Nonprofit Agencies [2002] This guidebook provides basic information on the following subjects: Organizing your business, Forming Charitable Tax-Exempt Nonprofit Organizations, Obligations and Possible Liabilities of Directors and Officers of Public Benefit Corporations, Employment Issues, Forming and Signing Contracts, Insurance Considerations, Federal Tax Considerations for Small Businesses.
Asuntos Legales Para Negocios Pequenos y Agencias no Lucrativas [2002] [Spanish] This guidebook provides basic information on the following subjects: Organizing your business, Forming Charitable Tax-Exempt Nonprofit Organizations, Obligations and Possible Liabilities of Directors and Officers of Public Benefit Corporations, Employment Issues, Forming and Signing Contracts, Insurance Considerations, Federal Tax Considerations for Small Businesses.
List of Initial Filing Fees for Setting Up a California Tax Exempt Corporation [2010]
Loan Modifications [2009] In this information sheet, the topic of loan modification options are explored through a series of questions addressing many common concerns of nonprofit organizations that are struggling to manage outstanding debt. The answers offer a starting point for a nonprofit to evaluate when it may be appropriate to modify a loan, what some other alternatives may be, and how a loan modification might help the nonprofit organization to keep its doors open during this economic crisis.
Mediation vs Litigation: Things to Consider Before Going to Court [2011] This document defines mediation as a private process where a neutral third person called a mediator facilitates a discussion of the issues at hand and helps you and the other party to potentially resolve the dispute through negotiation; describes several advantages of the process; and provides a list of some local organizations that may be helpful.
Merchant Contracts [2006] This guide provides a general introduction to transactions involving the sale of goods. It covers the following information: the fundamentals of the purchase/sale transaction, contracts, gap filling terms, delivery, inspection, acceptance and rejection, warranties and warranty disclaimers, consequential damages and other damages.
Mutual Directorships [2004] This alert highlights some issues a director of multiple nonprofit organizations may encounter when presented with a business opportunity that creates a potential conflict of loyalties.
Public Disclosure of Tax Documents This alert provides an overview of the legal requirement that tax-exempt organizations make federal exemption applications (Form 1023) and annual informational tax returns (Form 990) available for inspection by the public. The law requires that most tax-exempt organizations make copies available to the public on request and allow in-person inspection.
Public Support Test [2003] This alert is designed as a general reminder to nonprofits that are recognized by the IRS as tax-exempt "public charities" under Section 501(c)(3) of the Internal Revenue Code. In order to maintain public charity status, most public charities must raise revenues from the general public, the government and other public charities in order to meet a numerical test. If the public charity fails to meet this test, its status may revert to that of "private foundation."
Trademark Basics for Nonprofits [2009] This guide contains a collection of frequently asked trademark questions and answers, divided into the following categories: Trademark Definitions, How to Establish a Trademark, Proper Use of a Trademark, and Protecting a Trademark from Infringement.
Wage and Hour Laws [2004] This alert contains a summary of California wage and hour laws that apply generally to most employers (including nonprofits), as of August 2004.
The Housing Element - What is it, and How Can You Get Involved? [2008] Summarizes housing element law and what advocates can do to get involved in the 2008 update process.

Seminar: How to Form a California Charitable Tax-Exempt Nonprofit Corporation This program is a general overview of the legal steps required to form a California nonprofit public benefit corporation and apply for tax-exempt, 501(c)(3) status.

e-Newsletters for Nonprofit Organizations and Small Businesses CDP's e-Newsletters include timely legal alerts and announcements of upcoming seminars.
Form 990 Policy Series The IRS Form 990 now asks several questions about nonprofit governance policies and procedures. This series of memoranda was designed to help legal counsel to advise clients on drafting and adopting such policies. Each memorandum includes a form policy with a discussion of why various provisions might be used by a particular organization, as well as rationales for adoption of the policies, including references to applicable statutes and regulations. The series was created by the Form 990 Policy Series Group, a group of California lawyers who practice nonprofit law, including Public Counsel's General Counsel.
FAQ About CDP's Assistance to Nonprofits The five most frequently asked questions regarding the Community Development Project's Assistance for Nonprofits.
Resources for Tax-Exempt California Nonprofit Corporations Public Counsel's Community Development Project (CDP) provides a wide range of transactional legal services to qualifying nonprofit organizations. We assist start-up nonprofits that share our mission by helping to incorporate, obtain tax exemption, and establish workable corporate structures and policies. This collection of resources for nonprofit organizations and pro bono attorneys includes information on forming a nonprofit as well as information, forms and policies that are useful to existing nonprofits.
Why Your Nonprofit Might Need Legal Assistance
Why You and Your Small Business Might Need Legal Assistance
Southern California Housing Element Resources
Resources for MicroBusinesses Lists of other nonprofit organizations that provide consulting, training, and financing to small businesses.
Surviving the Economic Crisis - Useful Information and Resources for Small Businesses Is your small business struggling due to the economic downturn? This document contains information sheets prepared by attorneys addressing legal issues you may be facing now, such as loan or lease modifications, employment laws, and referrals to other sources of financial and consulting assistance for small businesses.
Surviving the Economic Crisis - Information and Resources for Nonprofits Do you represent a nonprofit organization that is facing diminished resources? Is the nonprofit considering changes to its operations to preserve its financial strength? This resource contains information sheets addressing timely legal issues ranging from loan and lease modifications to employment law, and helpful resources on how non-profits can adapt to and operate in this tough economic environment.